Revised 04.24.19 JUVENILE DEPENDENCY...

Revised 04.24.19

JUVENILE DEPENDENCY PETITION

PINAL COUNTY

THE FORMS IN THIS PACKET CAN ONLY BE USED TO FILE A DEPENDENCY PETITION. READ CAREFULLY

INSTRUCTIONS AND FORMS Provided as a Public Service by

AMANDA STANFORD Clerk of the Superior Court

EMERGENCY ORDERS WHEN THE COURT IS CLOSED

The Court is open Monday through Friday from 8:00 a.m. to 5:00 p.m. except on holidays. If you are seeking an Order of Protection; an Injunction Against Harassment or an Injunction Against Workplace Harassment from the Court and you are present in the Courthouse by 5:00 p.m., then you will be allowed to file your petition and appear in front of a judge that same day. Court staff and a judge will remain available to address your petition until the hearing is concluded, even if it will extend beyond regular court hours. For all other emergency orders (legal decision making/child custody, child dependency, guardianship or conservatorship), the required petition and related paperwork must be submitted and accepted by the Clerk of the Court by 5:00 p.m. Your paperwork will not be accepted by the Clerk of the Court if it is incomplete or in error. Please be advised that filling out the necessary paperwork for these types of emergency orders may take a considerable amount of time. You should, therefore, plan for at least two hours to complete the required forms. If you are unable to file the necessary paperwork before the Court closes, you may return to court the next business day and file it then. If there is an emergency that may result in serious harm to someone before you can return to Court, you can take one or more of the following actions to protect yourself or another person: If someone is injured or in danger of imminent physical harm or if a crime has been committed or is about to be committed call 911. If you or your child are the victim of domestic violence or are in danger of becoming the victim of domestic violence you can call your local law enforcement agency, and they can place you in contact with a judge by telephone. The judge can hold a hearing over the telephone and determine whether to issue an emergency order of protection. If a child is in danger of abuse or neglect, you can call the Department of Child Safety's Child Abuse Hotline at 1888-SOS-CHILD (1-888-767-2445). If a vulnerable adult is in danger of abuse or neglect, call the Adult Abuse Hotline at 1-877- SOS-ADULT (1-877-767-2385).

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DEPENDENCY vs. GUARDIANSHIP IMPORTANT INFORMATION YOU NEED TO KNOW

THE FORMS IN THIS PACKET CAN ONLY BE USED TO FILE A DEPENDENCY PETITION. READ CAREFULLY below to understand some of the differences between Dependency and Guardianship and to make sure you are filing the petition most appropriate for the situation, both yours and that of the children involved. 1. DEPENDENCY VS. GUARDIANSHIP. What is the difference between dependency

and guardianship? A. DEPENDENCY

A dependency is a decision by the Juvenile Court that a child is in need of effective care and control and that all parents are unable or unwilling to provide proper care and control. Usually, a Dependency Department of Child Safety (DCS) Petition is filed by the state because concerns about abuse or neglect have been reported to DCS and there is evidence of immediate danger to the child(ren). The parents may disagree with you filing a Dependency Petition to obtain legal and physical custody of their child(ren). You may file a dependency petition if you believe that there is no parent or guardian willing or able to provide proper care and control over a child.

Examples include:

• Child is abused or abandoned

• Child is neglected because parent or guardian abuses drugs or alcohol

• Parent or guardian is not able to meet the child's needs

• Parent or guardian is unable to provide the child with basic necessities such as suitable housing, food or necessary medical care.

A Dependency Petition will involve an investigation and report by DCS. It may also involve appointing attorneys for the parents and the child(ren), a temporary legal and physical custody hearing, and possibly a pretrial conference and trial. If the Juvenile Court finds that the child is dependent because the parents are unable or unwilling to provide care, the court decides who will care for the child(ren). The Juvenile Court and DCS oversee the child(ren)'s care and services provided to the parents and the child(ren) in an effort to reunite the family.

A dependent child remains under the Court's control until the Court declares that a parent has become willing and able to provide proper parenting. An order of dependency from the Juvenile Court will last until the child turns 18 or the Court changes or dismisses it.

B. GUARDIANSHIP - Title 14 Arizona Revised Statutes

A guardianship can be filed when someone other than the parent wants to be appointed


by the Court to take over parental responsibilities AND either both living parents (whose parental rights have not been permanently severed [terminated or cut off] by court order) will consent to the guardianship or at least will not oppose the appointment. Guardians take over parental responsibilities for making decisions regarding housing, medical care, and education, among other things, for as long as the guardianship lasts. An adult may ask the Juvenile Court to appoint a legal guardian for a child when neither parent is going to be available (such as when the parents are to be deployed by the military, or perhaps the custodial parent is or is going to be incarcerated or in rehab, etc.), or is incapable or unwilling to provide for the child, and who after receiving notice of the Petition for appointment of a Guardian, will either give permission for the guardianship, or at least will not object or disagree. If either parent files papers with the court or shows up in court to object to a guardianship, it will not be granted. An order of guardianship is good until the Court changes or dismisses it, the child turns 18, or either parent files papers to terminate the guardianship. Guardianship is based on the parents' permission, or at least their failure to object to the guardianship. If either of the parents later changes his or her mind and lets the Court know that he or she objects to the guardianship, the Court has no choice but to end the guardianship, but may refer the matter for investigation as to whether a Dependency is needed.

Both dependency and guardianship may result in a person being appointed as a “guardian” for a minor (or minors), but there are important differences between Dependency and Guardianship.

2. A DEPENDENCY PETITION IS A LAWSUIT

Once you file the Dependency Petition, you have started a lawsuit. The Petition is processed by the Court according to the laws and Court rules that apply. The rights of all parties are protected, and it is your responsibility to comply with all Arizona Statutes and Rules of Court, which are available at most libraries. A judicial officer (judge or commissioner) will review your Petition. If your Petition does not meet the requirements of the law, it will be dismissed and you will be notified of the dismissal.

3. COURT-ORDERED STATE INVOLVEMENT

The Court may order a separate investigation into the facts of the case. DCS will be ordered to complete the investigation and file a report with the Court. DCS may also become a part of the case, which means providing services to the family (for example, counseling) and the supervision of the child or children for whom a Dependency is ordered becomes the State's responsibility as well as that of the placement.

4. APPOINTMENT OF COUNSEL

Filing a Dependency Petition does not mean the Court will assign you a free lawyer. It is


your responsibility to either represent yourself, or hire your own lawyer. The Court may appoint an attorney for the child(ren) involved. If the child(ren)'s parents ask for an attorney and the Court determines they cannot afford one, the Court may appoint an attorney for the parents.

A NOTE ABOUT “CONSERVATORSHIP” A minor generally needs a conservator if:

• The minor owns money or property or has annual income in excess of $10,000 that requires management or protection, which cannot otherwise be provided.

• The minor has business affairs or assets which may be jeopardized (at risk of loss or damage) by his or her being a minor.

A NOTE ABOUT “LEGAL DECISION-MAKING” Most people are more familiar with the term “legal decision-making” than either “dependency” or “guardianship”. Arizona law (Arizona Revised Statutes [A.R.S.] § 25-415) allows for someone who stands “in loco parentis” (in the place of a parent) to the children, meaning someone who has been like a parent with whom the children have had a longstanding relationship, to file for legal decision-making. This is sometimes referred to as “third party legal decision-making”, and may be used by relatives and non-relatives alike who meet all the requirements of the statute.

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Arizona Superior Court, Pinal County Private Juvenile Dependency Cover Sheet

CASE NUMBER S1100JD2 Judge

PETITIONER'S NAME and ADDRESS

Name: _________________________________

Relationship to Case: ______________________

Mailing Address: _________________________

City/State/Zip: __________________________

Telephone: _____________________________

Email: _________________________________

Date of Birth: ___________________________

PETITIONER’S ATTORNEY’S NAME and ADDRESS

Name/State Bar#: ________________________

Address: ________________________________

City/State/Zip: ___________________________

Telephone: ______________________________

Email: __________________________________

MOTHER’S NAME and ADDRESS:

Name: _________________________________

Mailing Address: _________________________

City/State/Zip: __________________________

Telephone: _____________________________

Email: _________________________________

Date of Birth: ___________________________

FATHER’S NAME and ADDRESS

Name: __________________________________

Mailing Address: __________________________

City/State/Zip: ___________________________

Telephone: ______________________________

Email: __________________________________

Date of Birth: ____________________________

FEES: [ ] PAID [ ] NOT PAID - REASON:

[ ] Political Subdivision/Government Agency [ ] Deferred [ ] Waived

IS THIS AN AMERICAN INDIAN CHILD? ____ YES ______ NO

Tribal Affiliation ________________________________ Enrollment#: _________________________

Mother DOB: __________ Tribal Affiliation______________________ Enrollment# ___________

Father DOB: __________ Tribal Affiliation______________________ Enrollment# ___________

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NAMES OF CHILD(REN) Current Mailing Address Date of Birth

Special Needs Identification and Comments

Interpreter Needed: ☐ Yes ☐ No Language: ________________ Which Party? ___________________ Notes: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Agencies involved (JPO or other, please specify) _____________________________________________

To the best of my knowledge, all information is true and correct. ___________________________________________________

Attorney / Pro Per Signature

NOTICE Effective September 8, 1992 and pursuant to Superior Court (Pinal County), Administrative Order No. 92-15, the Superior Court requires that a “Cover Sheet”, which categorizes the cause of action, accompany any new action filed with the Superior Court in Pinal County. For this purpose, this form has been developed. The cover sheet will result in increased accuracy of courts records and statistics, and in reduced processing time for new case filings. Forms will be made available at the Clerk of the Superior Court’s Filing Counter. PLEASE DO NOT INCLUDE THIS FORM WITH CASES WHICH HAVE ALREADY BEEN FILED. This form can only be processed at the time of filing New Complaints and Petitions. Thank you for assisting us with our efforts to improve service.

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Represented by Attorney

Name of Person Filing:

Mailing Address:

City, State, Zip Code:

Telephone Number:

Email Address:

ATLAS Number (if applicable)

Representing Self (No Attorney) or

If Attorney, Bar Number:

SUPERIOR COURT OF ARIZONA

PINAL COUNTY

In the Matter of:

CASE NUMBER: S1100JD2

JUVENILE DEPENDENCY

PETITION

Minor(s) HONORABLE:

1. INFORMATION ABOUT ME, THE PETITIONER:

My Name:

My Address:

Street

City State Zip Code

My Telephone Number:

Home Work Message

My Relationship to the Child(ren):

I am a fit and proper person to care for the child(ren) because:


2. INFORMATION ABOUT THE CHILD(REN):

Child’s Name: Birth Date:

Gender: Male Female

Address:


Gender: Male Female

Address:


Gender: Male Female

Address:


Gender: Male Female

Address:

3. INFORMATION ABOUT THE PARENT OR CURRENT LEGAL GUARDIANS OF

THE CHILD(REN):

Name: Relationship to Child: Mother

Address:

Street

City State Zip Code

Name: Relationship to Child: Father

Address:

Street

City State Zip Code

Name: Relationship to Child:

Address:

Street

City State Zip Code



Address:

Street

City State Zip Code

4. CHILD’S CURRENT LIVING ARRANGEMENT:

A. The Child(ren) is/are Currently Living With:


Address:

Street

City State Zip Code


Address:

Street

City State Zip Code


Address:

Street

City State Zip Code

B. The Child(ren) has/have been living there since (give approximate date):

C. The Child(ren) is now living in the State of Arizona, Pinal County? Yes or No.

5. CHILD(REN) IS DEPENDENT. The Petitioner believes the child(ren) is/are dependent

within the provisions of A.R.S. 8-201.11, in that the child(ren) is/are in need of proper and

effective parental care and control and has no parent or guardian willing to exercise or capable of

exercising such care and control, or whose home is unfit by reason of abuse, neglect, cruelty, or

depravity, as stated below:


A. The mother is unable or incapable of providing care for the child for the following reasons

(provide specifics):

B. The father is unable or incapable of providing care for the child for the following reasons

(provide specifics):

6. PERSONS WITH KNOWLEDGE ABOUT THE ALLEGATIONS. The following

persons can be contacted concerning the above allegations:


Telephone Numbers:

Address:

Street

City State Zip Code


Telephone Numbers:

Address:

Street

City State Zip Code


Telephone Numbers:

Address:

Street

City State Zip Code



Telephone Numbers:

Address:

Street

City State Zip Code

7. DOCUMENTS. Attached are the following documents which support the statements made:

A.

B.

C.

D.

E.

RELIEF REQUESTED: This is what I want the court to do:

A. Based upon the foregoing allegations, immediate action is required; and therefore, the

child(ren) should be made a temporary ward of the Court with legal custody to be with

____________________________ and temporary physical custody to be placed with

____________________________ who should be authorized to sign for medical

treatment.

B. The parents should be ordered to pay a reasonable sum to the Arizona Department of

Child Safety for the care, maintenance, and support of the child(ren) should the child(ren)

be placed in a foster home or institutional care.

C. That the Court set an initial dependency hearing on this Petition in front of a judicial

officer.

D. Petitioner further requests that after hearing this matter, this Court adjudicates the

child(ren) dependent and this Court enter such judgment and order for custody, care and

support or such other relief for the child(ren)’s welfare.


OATH AND VERIFICATION

I, being duly sworn and under oath, that the facts contained in the Juvenile Dependency Petition are

true, correct and complete to the best of my knowledge and belief.

Date Signature

State of Arizona )

)

County of )

SUBSCRIBED AND SWORN TO before me this day of , 20

by

Name of Signer

Commission Expires Notary Public

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SUPERIOR COURT OF ARIZONA PINAL COUNTY

In the Matter of:


SUPPLEMENTAL ORDERS

Person(s) under the age of 18 years HONORABLE:

FAILURE TO COMPLY WITH THESE ORDERS MAY RESULT IN THE COURT FINDING YOU IN CONTEMPT OF COURT

It is Ordered that, pending the hearing, the child(ren) is/are made temporary ward(s) of the Court, and placed in the care of _________________________________________.

It is Ordered that the child(ren) is/are placed in the temporary legal custody of: ________________________________________________________________________

It is Ordered that the child(ren) is/are placed in the temporary physical custody of: ________________________________________________________________________ Who is authorized to consent to all routine medical treatment, dental procedures, and social and educational activities for the child(ren).

It is Ordered, pursuant to Rule 22.1, R.P.J.C., referring this matter to the CASA Program Coordinator to determine the appropriateness of an appointment of an advocate for the child(ren).

It is Ordered that the Foster Care Review Board review this matter within six months of out-of-home placement and at least every six months thereafter as long as the child(ren) remains in out-of-home care to determine what efforts have been made by the Arizona Department of Child Safety to carry out the plan for permanent placement. The review period for out-of-home placement includes time the above named child(ren) has/have been in voluntary out-of-home placement.


It is Ordered that no person shall remove or cause the removal of the child(ren) from the State of Arizona without prior written approval of the Arizona Department of Child Safety or _____________________________________________________ for a period not to exceed 30 days.

It is Ordered that the Arizona Department of Child Safety or ________________________ be authorized to consent to all surgical procedures, psychological/psychiatric evaluations, and therapy for child(ren).

The Court finds that continuation of the child(ren) in the home would be contrary to the welfare of the child(ren) based upon the contents of the verified petition alleging: (check all that apply)

Risk of abuse or neglect of the child(ren) Abandonment of the child(ren) Unfitness of the home environment for the children(ren) Unwillingness or inability of the parents to care for the child(ren) Substance abuse issues Mental health issues Incarceration of the parent Domestic violence Other:

It is Ordered that have no contact of any kind, including but not limited to personal contact, contact by telephone, or contact by letter or message with the minor child(ren) pending further order of the Court.

It is Ordered that neither allow nor facilitate contact of any kind, including but not limited to personal contact, contact by telephone or contact by letter or message between _______________ and the minor child(ren) pending further order of the Court.

SUPPLEMENTAL APPOINTMENT OF COUNSEL

Where there are allegations of sexual abuse and/or criminal matters arising from the allegations of the petition:

It is Ordered appointing as counsel/guardian ad litem for the child(ren) with the authority to represent the child(ren) in any criminal matters arising out of the allegations of the petition, which requires the personal appearance of the child(ren).


THE RESPONSIBILITY AND AUTHORITY OF THE ATTORNEY/GUARDIAN AD LITEM IN ANY CRIMINAL PROCEEDING SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING:

1. To explain, in language understood by the child(ren), all legal proceedings in which thechild(ren) will be involved and to familiarize the child(ren) with the setting and environmentin which the legal proceeding will take place;

2. To assist the child(ren) in coping with the emotional impact of the alleged offense and anysubsequent criminal proceedings in which the child(ren) is involved, and to protect thechild(ren) from unnecessary psychological or emotional stress and trauma resulting from thecriminal proceedings or procedures;

3. To accompany the child(ren) during any interview, deposition, hearing, or other proceedingin criminal court;

4. To prevent, when possible, harassment, intimidation, or duplicative procedures. In this regard,the attorney/guardian ad litem may file, when appropriate, motions, for protective orders onbehalf of the child(ren) seeking to eliminate or restrict any hearing, interview, procedure, orproceeding to which the child(ren) might be subjected; and

5. To contact, as soon as possible after appointment, the Court in which related criminalproceedings are pending and the County Attorney’s Office to inform same of theirappointment as attorney/guardian ad litem.

DONE IN OPEN COURT this day of , 20 .

(Judge, Arizona Superior Court, Pinal County)

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SUPERIOR COURT OF ARIZONA PINAL COUNTY

In the Matter of:


TEMPORARY ORDERS

Person(s) under the age of 18 years HONORABLE:

A verified dependency petition has been filed with the court. It appearing that the interest of the child(ren) will require immediate action,

IT IS HEREBY ORDERED ENTERING THE FOLLOWING TEMPORARY ORDERS:

A. DELIVERY AND SERVICE OF DOCUMENTS:

1. The Petitioner shall forthwith serve a copy of these orders on all parents and legal guardiansno later than five days prior to the hearing. If the location of the parents or legal guardian isunknown, the Petitioner shall make reasonable effort to locate and notify the parents or legalguardian.

2. The Petitioner is ordered to comply with A.R.S. §8-823(A) if applicable.

3. The Petitioner is further ordered to serve a copy of the petition, the completed intake formand these orders upon the Arizona Department of Child Safety (hereafter DCS), no later thanfive days prior to the hearing, by delivering said documents to the District Office ProgramManager or designee, at:1119 E. Cottonwood Lane, Casa Grande AZ 85122. Phone Number: 520.858.8880

4. The Petitioner shall have copies of the Dependency Petition available at the PreliminaryProtective hearing to serve on the parents pursuant to A.R.S. §8-841(E).

5. Failure of the Petitioner to serve a copy of the Petition on the parents at the hearing, or byprocess server, may result in dismissal of the Petition and dissolution of the TemporaryOrders.

B. LEGAL CUSTODY AND PLACEMENT

1. The child(ren) is/are adjudged a temporary ward of the Pinal County Juvenile Court pursuantto A.R.S. §8-821.


2. Temporary legal custody is hereby awarded to and temporary physical custody of the child is hereby awarded to ____________________________, who shall cooperate with representative of DCS and counsel for the child(ren) and allow them access to the child(ren) upon request. The child(ren) shall not be removed from the State of Arizona unless so ordered by the court.

3. may authorize or give consent to medical care, hospitalization or immunization necessary for the health and welfare of the above named child(ren), such authorization to be made upon the recommendation of a licensed and reputable physician.

COURT HEARINGS

1. Pursuant to A.R.S. §8-823(C), IT IS HEREBY ORDERED setting a Pre-Hearing Conference to attempt to reach an agreement about the placement of the child(ren), services to be provided to the child(ren), parent or guardian and visitation of the child(ren) on theday of _________________ at AM/PM at the Pinal County Superior Courthouse, 971 N Jason Lopez Circle, Bldg. A, Florence, AZ 85132, 2nd Floor, Room 2303.

2. Pursuant to A.R.S. §8-824, IT IS HEREBY ORDERED setting a Preliminary Protective Hearing to review the taking of the child into temporary legal custody on the _____ day of_________________ at __________ AM/PM at the Pinal County Superior Courthouse, 971 N Jason Lopez Circle, Bldg. A, Florence, AZ 85132, before the Honorable: _______________________________________.

3. At the Preliminary Protective Hearing, the Court will enter orders regarding the placement of the child(ren), the services needed to be provided to the child(ren) and the family to achieve reunification, and if applicable, the visitation to be provided to the parents. If temporary legal custody of the child(ren) in the petition is contested by a parent or legal guardian, the Petitioner will have the burden of presenting evidence that there is probable cause to believe that temporary legal custody is clearly necessary to prevent abuse and neglect, pending a hearing on the Dependency Petition.

4. The Petitioner, parents, or guardians shall appear at the above Preliminary Protective Hearing and Pre-Hearing Conference. Failure to appear may result in the hearing proceeding in the absence of the party.

5. The Petitioner and parents and/or guardians shall appear at all court hearings and trials. Failure to appear may result in the hearing proceeding in the absence of that party and could result in a default judgment being entered against that party.


C. COUNSEL AND F.C.R.B.

1. Parents and legal guardians of the child(ren) have the right to have legal counsel representthem in this matter. Counsel will be appointed by the Court for parents and legal guardianswho demonstrate a lack of financial ability to retain their own attorney or the parents mayretain an attorney of their choosing. If the parent(s) desire to use the service of a courtappointed attorney and believe they qualify for a court appointed attorney, the attorney(s) forthe parent(s) is/are:

For the Mother Telephone For the Father Telephone For the Father Telephone For the Father Telephone

Parents are to contact their attorneys and arrange an appointment to meet before the Preliminary Protective Hearing. At the hearing, the parents retaining court appointed counsel will be required to complete a financial affidavit and may be assessed for attorney fees.

2. , is appointed to represent the child(ren).

3. The Foster Care Review Board shall review, prior to the expiration of six months, the case ofeach child listed in the petition who is in an out-of-home placement (including relative care).The six month time period for review of out-of-home placement shall include any time a childwas in voluntary placement as well as the time the child has been in an out-of-home placementas a dependent or temporary ward of the court.

D. INVESTIGATION AND DISCLOSURE

1. DCS shall review a copy of the petition, the completed intake form and these orders completedby the Petitioner, and shall conduct a DCS background check of the Petitioner(s), parent(s) orlegal guardian and all other adults in the child’s home. DCS will assess the conditions of thehome and appropriateness of those adults providing care. DCS shall provide a written reportof its findings to the Dependency Coordinator by 12 PM of the day prior to the PreliminaryProtective Hearing for distribution.

2. The DCS Child Safety Investigator shall appear at the Preliminary Protective Hearing and shallcomplete an investigation within the times specified by the Court at the hearing.

3. At the Preliminary Protective Hearing, the Court will determine whether to order DCS toprovide further services and/or intervention and appear at the next hearing or to relieve DCSof any further responsibility in the case.


4. Any and all persons having knowledge or information concerning the health and welfare ofthe above-named minor child(ren) shall furnish to DCS any and all information, documents,records or reports in their possession or under their control in regard to said child(ren) uponrequest of the assigned caseworker.

5. DCS may disclose otherwise confidential information, including, but not limited to, and courtreports and reports of experts, to all parties prior to any hearing.

6. All parties shall disclose all exhibits and names of witnesses within a reasonable period of timeof learning of the existence of such witnesses and exhibits.

7. The parties shall notify the Court, counsel and CASA seven (7) working days prior to anyproposed change in the child(ren) placement, including foster placement.

8. The parties shall notify the Court and the other parties within forty-eight (48) hours of thelearning of any allegations of abuse or neglect involving the child(ren).

DATED this day of , .

(Judge, Arizona Superior Court, Pinal County)

Mailed/Distributed copy(s): .

cc: CASA – Dependency Coordinator

Revised 04.24.19 JUVENILE DEPENDENCY...

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Transcript of Revised 04.24.19 JUVENILE DEPENDENCY...